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Monday, December 9, 2019

Eli Lilly seeks declaratory judgment in dispute over migraine tracking app

Federal Court

By Marian Johns | Nov 26, 2019

Migraine 760x475

INDIANAPOLIS (Legal Newsline) – Eli Lilly is seeking a court's judgment to halt "accusations and threats" it claims were made by the distributor of the digital migraine tracking and management app MigrnX over allegations of trade secret misappropriation and breach of contract.

Eli Lilly & Co. filed a complaint Nov. 13 in the U.S. District Court for the Southern District of Indiana against SensorRx Inc. seeking declaratory judgment.

According to the complaint, after a series of talks regarding a partnership on the MirgrnX, Eli Lilly and SensorRx entered into a mutual confidentiality agreement in January. Lilly alleges it decided not to move forward on the MirgrnX project with SensorRx and that in May, SensorX began making allegations against Eli Lilly after Eli Lilly's development of its own Vega Migraine app. 

"SensorRx has made these threats and allegations despite the fact that the purportedly trade secret material is not secret or confidential," the suit states. "MigrnX has been distributed by SensorRx to many people throughout the United States, MigrnX is publicly available for free download through multiple online stores, and MigrnX is used by doctors and patients through at least one health care system."

Eli Lilly seeks a judgment that it did not misappropriate any trade secrets, a trial by jury and other just relief. It is represented by Harmony Mappes and Andrew McCoy of Faegre Baker Daniels LLP in Indianapolis; David Gross of Faegre Baker Daniels LLP in East Palo Alto, California; and Debbie Ellingboe, Timothy Grimsrud and Katherine Razavi of Faegre Baker Daniels LLP in Minneapolis. 

U.S. District Court for the Southern District of Indiana case number 1:19-CV-04550-RLY-DML

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